INTRODUCTORY The City Council of the City
of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday,
August 4, 1997, in the Council Chamber of the City of Columbia, Missouri. The
roll was taken with the following results: Council Members HINDMAN,
COBLE, JANKU, CROCKETT, CAMPBELL, and COFFMAN were present. Council
Member KRUSE was absent. The City Manager, City Counselor, City Clerk,
and various Department Heads were also present.

APPROVAL OF MINUTES The minutes of the regular
meeting of July 21, 1997, were approved unanimously by voice vote on a motion
made by Mr. Campbell and a second by Ms. Coble.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING
CONSENT AGENDA Upon her request, Mr. Campbell
made the motion that Mrs. Crockett be allowed to abstain from voting on B198-97. The
motion was seconded by Ms. Coble and approved unanimously by voice vote. The agenda, including the
Consent Agenda, was approved unanimously by voice vote on a motion made by
Ms. Coble and a second by Mr. Janku.

SPECIAL ITEMS Mayor Hindman noted the passing
of Holme Hickman, a former City Council Member who had also served on many
Boards and Committees. He said Mr. Hickman had been a very dedicated
citizen. Speaking on behalf of the Council, Mayor Hindman extended
sympathy to Mr. Hickman's family.

SCHEDULED PUBLIC COMMENTS1. Charles Byers
and Terry Hunsaker - Power Team Event Charles Byers, 1203 N. Garth,
reported that the drug situation in Columbia is a big problem. He said
that he and the members of the Parkade Baptist Church wanted to do something
about the problem. Mr. Byers announced that the Power Team would be
coming to Columbia on November 12. He then introduced Terry Hunsaker. Dr.
Hunsaker explained that the Power Team was a group of world class athletes
who perform one of the greatest exhibitions of strength, power, and speed
with a message of motivation and inspiration. He reported they are
seen weekly across America, as well as in nine other countries, on their
worldwide broadcast called "The Power Connection". Dr. Hunsaker explained
that the Power Team is committed to reaching young people with a message
of hope. In school assemblies they speak out against drug abuse, alcohol
abuse, and suicide. The Power Team dispenses a message of abstinence
along with a program of academic excellence and achievement. Dr. Hunsaker
believed they would be a great inspiration to the community. It is
expected that about 10,000 people will hear their message while in the area,
and Dr. Hunsaker added that four area schools are interested in having the
Power Team perform for their students. He explained that John Jacobs
was the leader and founder of the Team and described some of the feats he
would be performing. He said these were things young people would see
as benefits of a disciplined life -- free from drug and alcohol abuse. Mr. Byers explained that
the group is seeking the endorsement of the City Council, the Chief of Police,
and the Fire Chief to encourage civic organizations and businesses to help
bring the Power Team to town to spread their message. Ms. Coble asked how the message
to teenagers would be enhanced by watching someone ripping phone books, breaking
baseball bats, or any of the power feats mentioned. Mr. Byers said
it gets the student's attention and then the Team can get their message across. Mr. Campbell asked if he
understood that this group is looking for the City's endorsement in order
to solicit money from the merchants. Mr. Byers said they felt the merchants
and civic organizations would go to bat for them. He noted that it
was costing $1,000 to get the Power Team into each school. Mr. Byers
will be speaking to the Cosmo Club, the VFW, the Optimists, and various other
organizations around town that are interested in the kids in our community.

PUBLIC HEARINGSB168-97 Rezoning
from R-3 to C-3 property on the east side of Moss Street between McAlester
andGordon
streets. The bill was read by the
Clerk. Mr. Beck noted that this
rezoning request had been tabled from the July 7 meeting. He said the
applicant had requested open C-3 zoning and it had been voted against by
the Planning and Zoning Commission. He explained that the Land Use
Plan called for the area to be medium density residential usage; however,
there had been an indication that if the Elk's Club was interested in commercial
rezoning, more favorable consideration would be given toward planned commercial
zoning rather than open zoning. Mayor Hindman opened the
public hearing. John Fussner, Principal of
Benton Elementary School, said the school is very concerned about how wise
open C-3 zoning would be for this area. He said they were fearful of
where an open zoning might lead. Mr. Fussner did not know what the
Elk's intentions were for the rezoning, but he did know the interests of
a lot of his friends through the Benton Stephens Association, and through
Naoma Powell and her Access Arts Program. He said their interests were
very much aligned with a quality environment, a protected environment, and
a safe environment for the kids in this area. David Dranginis, 310 N. William,
a member of the Benton Stephens Community Association, said he was hearing
pretty much unanimous opposition from the neighborhood to the open C-3 request. He
said the association had worked for a number of years to create an environment
appropriate for their neighborhood. He said a planned use development
would make a lot more sense. Charles Pickel, 115 W. Ridgeley
Road, a Board member for Access Arts, reminded the Council that the area
was clearly a residential neighborhood. He asked that the request be
denied primarily because there had been no reason given for the rezoning. Tim Rich, Director of the
Salvation Army Harbor House located in the Benton Stephens neighborhood,
stated they were very pleased with the job the Benton Stephens Association
has done in building a real community as well as the focused attention on
the kinds of development going on in the neighborhood. Mr. Rich said
the Harbor House had enjoyed a fairly positive relationship with people in
the community. He supported the residents in their request for denial
of the zoning. Mr. Rich said it is vital for the Salvation Army to
have an area around the shelter that is a solid neighborhood containing a
residential area that provides good role models. Mayor Hindman closed the
public hearing. Mr. Campbell said the Council
had discussed at the last hearing the possibility of C-P zoning. He
is against the open zone and felt it would take a very restrictive C-P zone
for him to be in favor of it. Mrs. Crockett said the Elk's
had been an excellent neighbor and if she knew the request for C-3 zoning
was just to enlarge their present facility, she probably would not be concerned
about it. However, because this area is designated as a residential
neighborhood, she could not be in favor of just opening it up to C-3 zoning. B168-97 was read with the
vote recorded as follows: VOTING YES: NO ONE. VOTING NO: HINDMAN,
COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. ABSENT: KRUSE. Bill
defeated.

OLD BUSINESSB193-97 Amending
Chapter 14 of the City Code to prohibit through truck traffic on a portion
ofOakland
Gravel Road. The bill was given second
reading by the Clerk. Mr. Beck explained the problem
created by large semi trucks traveling this section of roadway as a shortcut
between Old Highway 63 and New Highway 63. Mrs. Crockett said her reason
for the concern was because of the new middle school that would be opening
soon. The road is not wide enough to accommodate school buses and tractor
trailer trucks. Mr. Janku pointed out that
there were no sidewalks along Oakland and, until they were in place, the
students would have to walk on the very narrow roadway. He said it
creates an unsafe situation. B193-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill
declared enacted, reading as follows:

B194-97 Amending
Chapter 19 of the City Code regarding vacation leave. The bill was given second
reading by the Clerk. Mr. Beck explained that this
amendment would allow for a program to be established wherein an employee
could give their vacation leave to another employee who has used all of their
sick leave because of a personal illness, or that of another family member. He
said the leave would be transferred on an hour by hour basis, regardless
of salary. Mr. Beck recommended approval and thought it would be a
good program for the employees, although he did not think it would be used
much, but would be helpful when needed. B194-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill
declared enacted, reading as follows:

B195-97 Amending
the 1996 Columbia Sidewalk Plan. The bill was given second
reading by the Clerk. Mr. Beck said this plan was
being amended because Route AC will be relocated to the Grindstone alignment. He
said this amendment would provide more potential for a sidewalk being built
as a part of the project paid for by the City or the State. He noted
that the State Department of Transportation is looking at their sidewalk
policies as they relate to urban highways. Should the State decide
to take on a policy of actually constructing sidewalks, they would need to
be identified on the City's master sidewalk plan. B195-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill
declared enacted, reading as follows:

B196-97 Annexing
the City's wastewater treatment plant, adjoining City-owned land and
othersmall
tracts of privately owned property. The bill was given second
reading by the Clerk. Mr. Beck pointed out that
this annexation involved approximately 522 acres in southwest Columbia, most
of which is owned by the City as a part of the wastewater treatment plant
site and the buffer area around it. He said there were a couple of
other small tracts privately owned, and the property owners had indicated
their desire to be voluntarily annexed. Mr. Beck noted that the Council
had given him authorization to sign a petition in the name of the City, and
to follow the voluntary annexation process provided for in the State Statutes. Mr.
Beck said it had been circulated through the City departments and various
County agencies. The recommendation was to proceed with the formal
annexation. B196-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill
declared enacted, reading as follows:

B197-97 Annexing
property between Perche Creek and King's Meadow Subdivision. The bill was given second
reading by the Clerk. Mr. Beck explained that this
tract is located in the west central part of Columbia involving approximately
156 acres with 136 R-1 lots being proposed. Ms. Coble asked if this was
the property in which the attorney involved had talked about the necessity
for changing some roadway plans. Mr. Beck said that was correct and
it would come back to the Council at a later date as a plat. Mr. Bondra
explained that the plat was tentatively scheduled for introduction at the
next meeting. B197-97 was given third
reading with the vote recorded as follows: VOTING YES: HINDMAN,
COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill
declared enacted, reading as follows:

B198-97 Approving
the final plat of Belmont Village, Plat 10. The bill was given second
reading by the Clerk. Mr. Beck indicated that this
plat was located in north central Columbia, north of Blue Ridge Road and
west of Derby Ridge Road. He stated that it would create 32 R-1 lots. B198-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSTAINING: CROCKETT. ABSENT: KRUSE. Bill
declared enacted, reading as follows:

B199-97 Appropriating
funds for ballfield improvements at Douglass Park and memorial trees
andbenches. The bill was given second
reading by the Clerk. Mr. Beck explained that some
time ago NationsBank provided a $10,000 gift to the City to be used as part
of the public improvement project in Douglass Park. He said this would
officially appropriate that money for the project. Secondly, from time
to time the Parks and Recreation Department receives funds for memorial trees
and/or benches. He said $4,000 had accumulated in that fund and this
ordinance would also appropriate that money for a Parks and Recreation expenditure. Mr. Janku noted that the
$4,000 would be used throughout the community, not just at Douglass Park. Mr.
Janku said at the time NationsBank presented their gift, he had asked if
soccer goal posts could be installed as part of the improvement at Douglass
Park. Mr. Green replied that the area is not big enough for a full
size soccer field, but plans are to put goals at this location. Mr. Janku expressed his appreciation
to the individuals who had given money to the Park Fund and also to NationsBank. B199-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill
declared enacted, reading as follows:

CONSENT AGENDA The following bill was given
second reading and the resolutions were read by the Clerk.

B192-97 Accepting
utility conveyances.R103-97 Setting
a public hearing regarding tax billing for improvements to Old 63 South fromAshland
Road south 6,050 feet.R104-97 Setting
a public hearing regarding annexation of land on the west side of Scott Boulevardacross
from Grant Lane.R105-97 Setting
a public hearing regarding annexation of land west of King's Meadow.R106-97 Setting
a public hearing regarding the FY98 budget.R107-97 Setting
a public hearing regarding 1997 property tax rates.R108-97 Authorizing
an amendment to the agreement with the Department of Health for birth anddeath
certificates.R109-97 Authorizing
an amendment to the agreement with the Department of Health for maternaland
child health services.R110-97 Authorizing
an agreement with the Department of Health to renew the WIC food program.R111-97 Authorizing
an agreement with Lincoln University for student nursing services.

The bill was given third
reading and the resolutions read with the vote recorded as follows: VOTING
YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING
NO: NO ONE. ABSENT: KRUSE. Bill declared enacted
and resolutions declared adopted, reading as follows:

NEW BUSINESSR112-97 Authorizing
an agreement assigning The Job Center's interest in two social assistancecontracts
to Advent Enterprises, Inc. The resolution was read by
the Clerk. Mr. Beck explained that Advent
Enterprises and The Job Center have merged and have been working with the
United Way staff and the City's Community Development staff. He said
this resolution would authorize the City Manager to sign a three-way contract
between the City, The Job Center, and Advent Enterprises. He stated
that it would assign Advent Enterprises as the payee on service contracts
that have been previously authorized by the City. The vote on R112-97 was recorded
as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Resolution
declared adopted, reading as follows:

R113-97 Authorizing
a petition for annexation of land on the west side of State Route 763immediately
north of the city limits. The resolution was read by
the Clerk. Mr. Beck explained that staff
has been working with some property owners in north central Columbia along
763 regarding annexation of their property. A small tract was displayed
on the overhead that Mr. Beck noted had belonged to Water District No. 1. He
explained that when the City merged with the District, this land became City
property. Mr. Beck said this resolution would authorize the City Manager
to file the petition. The vote on R113-97 was recorded
as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Resolution
declared adopted, reading as follows:

R114-97 Establishing
bicycle lanes on Silvey Street from Broadway to Worley Street. The resolution was read by
the Clerk. Mr. Beck noted that this
street is under reconstruction to bring it up to collector standards, which
is 38 feet in width. Currently, there are no improvements along the
street as far as structures are concerned. Because the street is on
the Bicycle Plan, Mr. Beck said it was being proposed that the City paint
bicycle lanes along the east side of the street. Earlier, the Council
had removed parking from both sides of the street upon its completion so
that a bike lane could be established. The vote on R114-97 was recorded
as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Resolution
declared adopted, reading as follows:

PR115-97 Establishing
extra-territorial sewer extension policies. The policy resolution was
given first reading by the Clerk. Mr. Beck explained that this
resolution establishes a policy on the use of sanitary sewers outside the
City limits -- the connection of property outside the City limits to the
City's sewer system. It provides that property contiguous with the
City desiring City sewer service would be voluntarily annexed into the City. He
pointed out that this policy has been in place for a number of years. Mr.
Beck explained that the second part of the policy resolution addresses
those tracts that are not contiguous with the City. He said a certain
number of these properties, depending on the degree of development and other
factors, would allow for a pre-annexation agreement indicating that the owner
would come into the City when their property becomes contiguous, and they
would not be opposed to working with the City if there is a voter approved
initiation for annexing property around the City. Mr. Beck pointed
out that copies of this proposed policy would be available for any interested
groups or persons who wanted to review it prior to its passage. He
said any comments made to his office would be forwarded to the City Council. Mayor Hindman pointed out
that this policy was quite significant to the future of the City. He
urged anyone particularly interested in development or land use to get a
copy. Mr. Campbell said this was
probably one of the top five issues, as far as utilities were concerned,
the City had worked on since he had been on the Council. He said this
is a very important policy. Mr. Janku noted that the
Council had two public work sessions on these issues with Mr. Alderson, of
Boone Electric and the Boone County Regional Sewer District. He said
a lot of input had already been obtained, but hoped to have more. Ms. Coble asked if these
and other issues were to be addressed with the building and construction
trades community for their input. Mayor Hindman said that was correct. Mayor Hindman pointed out
that the City is moving forward with this policy because of the election
deadline for the sewer system revenue bond issue. Because this is a policy
resolution, it will be held over to the next meeting.

NEW BUSINESS The following bills were
introduced by the Mayor, unless otherwise indicated, and all were given first
reading:

B200-97 Amending
Chapter 14 of the City Code to prohibit parking on the west side of
SeventhStreet
from Business Loop 70 to Nebraska Avenue.B201-97 Authorizing
a right of use permit to allow Drew Properties to install conduits underBridgeport
Drive.B202-97 Authorizing
Change Order No. 1 and approving the engineer's report for construction of
aparking
lot at Fourth and Cherry streets.B203-97 Authorizing
Change Order No. 1, approving the engineer's report and tax billing forimprovements
made to Old 63 South from Ashland Road south 6,050 feet.B204-97 Accepting
water utility conveyances.B205-97 Accepting
a conveyance, approving the engineer's report and authorizing payment ofdifferential
costs for a 12-inch water main serving Meadowlands, Plat 12.B206-97 Appropriating
funds for water and electric capital improvements.B207-97 Authorizing
an agreement with the Department of Health for basic public health services,and
appropriating funds.B208-97 Authorizing
an agreement with the Department of Health for immunization services, andappropriating
funds.B209-97 Vacating
two utility easements in Workingman's Friend Subdivision.B210-97 Setting
property tax rates for 1997.B211-97 Adopting
the FY 98 budget.B212-97 Calling
for an election for sewer system revenue bonds.B213-97 Amending
Chapter 22 of the City Code to establish wastewater system connection fees.B214-97 Appropriating
funds for the Route B water main relocation project.B215-97 Authorizing
acquisition of land on the northeast corner of Range Line and WilkesBoulevard.B216-97 Authorizing
defeasance of a portion of General Obligation Bonds.

REPORTS AND PETITIONS(A) New Shallow Wells
#11 and 12 at McBaine. Mr. Beck said this past year
the City had budgeted the construction of two shallow wells. He reported
that a bid had come in at $248,225, which was $11,000 less than the cost
of drilling two similar wells in 1990. He said this company had bid
other wells for the City over the years for both deep and shallow wells. This
project includes the installation of 24 inch piping that connects the wells
to the system in the river bottom. The total cost estimate for both
the wells and the piping is approximately $325,000. He said the City
had budgeted more than that, so there will be funds left over. Mr.
Beck pointed out that a record had been set on July 26 in the amount of water
that was pumped into Columbia. He said it was at the rate of 18.33
million gallons a day, which would have been over-capacity before the expansion
had been done to the treatment plant.

(B) Installation
of Street Lights on Bearfield Road. Mr. Beck said this report
had been prepared at the request of Councilmember Coffman. He noted
it would cost $7,500 to install the nine lights. Mr. Beck explained
that the City's general fund reimburses the Water and Light Department for
the installation cost of the lights and the annual electric usage cost. Mayor Hindman asked if the
$989.28 per year was the cost of the electricity. Mr. Beck said it
was the cost of the electricity and the amortization of the actual cost of
the lights. Mr. Coffman thanked the staff
for responding so quickly to his request. Mr. Coffman made the motion
that staff be directed to move forward with the installation of lighting
along Bearfield Road. The motion was seconded by Mr. Janku and approved
unanimously by voice vote.

(C) Intra-Departmental
Transfer of Funds. Report accepted.

(D) Board and Commission
Vacancies. Mr. Beck noted that the Council
had requested a staff report regarding the advertising of Board and Commission
vacancies. Regarding the location of
the ads, Mr. Janku said it obviously would have a budget impact and suggested
that it be addressed when going through this year's budget process. He
said the additional cost would not be great. Mr. Janku felt it would
be helpful if the ad was placed in the same location on a regular basis,
and positioned as close as possible to other City business agenda items. Ms. Coble agreed that it
would be worth the extra expense to ensure that the word is put out, especially
if the Council is going to establish a deadline. Regarding the deadline, Mrs.
Crockett felt when a sufficient number of applications for a particular vacancy
have already been received, late applications will not be forwarded to the
Council. She said late applications will be retained in the file and
those persons could be considered for the next vacancy. Mayor Hindman thought
that was a reasonable policy. Mr. Campbell said the Council
had been getting lax over the last few years and he thought a policy was
needed regarding the late applications and how they would be handled. Regarding
public communications and the advertising issue, he suggested a motion also. Mr. Janku made the
motion that the staff be directed to prepare a policy resolution on both
issues for introduction at the next meeting. The motion was seconded
by Mr. Campbell and approved unanimously by voice vote. Ms. Coble asked what should
be done about the deadline for applications this coming Friday. Mayor
Hindman suggested that the Council adopt a statement for the next round of
applicants. Ms. Coble made the motion
that the following procedure be followed until the adoption of a formal policy: If
an application comes in after the deadline, it will be marked late. If
there are insufficient applications to fill the vacancies, the Council will
be forwarded the "late" applications for consideration. If there is
a sufficient number that came in a timely manner, those that were marked
late would not be forwarded to the Council, but would be held until the next
vacancy. The motion was seconded by Mr. Campbell and approved unanimously
by voice vote.

(E) Street Closure
Request. Mr. Janku said this request
had been discussed at pre-Council and some concerns had been raised. He
said the way it has evolved, the request was really not accomplishing its
intentions if the purpose was to get people into the downtown area because
the applicant is restricting it to the block on Elm Street, south of Ninth. He
said that was really not downtown. He said the Council's other concerns
were about security and alcohol use making this into the event not originally
intended. Mr. Janku said he appreciated the effort to connect the students
with the downtown and suggested that the applicant work with the association
on the September Twilight Festivals. Mayor Hindman asked the applicant
to step forward and explain the present plan. Kevin Kearns, 9th & Elm
Food Court, explained that he had purchased the building at this location
about eight months ago. He said this particular location had experienced
problems with homeless people sleeping in the lobby, and also problems with
mismanaged businesses inside of the court. He said when the building
was purchased, they put a lot of thought into how to revamp it and give it
a new image. He said a lot of time, money, and effort had been put
into the building by trying to upgrade the look of the outside to make it
more appealing to the downtown community. Mr. Kearns wanted to
break the "stigma" of the building and show people that it is a new 9th & Elm
Food Court. He said they wanted it to be a stopping place for the student
population and that was why this Welcome Back Student party was planned. He
met with Kurt from Shakespeare's and they thought it would be a good idea
that for the University student's first weekend back in Columbia, they would
throw a party where some of the streets would be blocked off and some bands
would come in. He said it would have a carnival/festival-type atmosphere. He
said they talked to Dennis Veach at the Police Department and had agreed
to all the stipulations he had requested. Mr. Kearns said the street
closure request had been modified as a result. He had also talked to
Judy Hull and she had agreed to everything they wanted to do. He said
they did not want this to turn into a drunken affair anymore than anyone
else did. He said they wanted to make the party an annual event and,
before the students make their buying decisions, he wanted to get them accustomed
to coming down the Strollway to the Ninth & Elm corridor. Mr. Kearns
said they had agreed to position police officers at every exit in the bar
to make sure nobody left with beer. He said Coca-Cola would be setting
up all of the concessions outside. Mr. Janku asked what he planned
to do with the outdoor patio during the event. Mr. Kearns said it would
also be blocked off with police officers stationed at the exit. Mr. Campbell asked how they
would handle consumption of alcohol out on the street. Mr. Kearns stated
they had talked to Dennis Veach about stationing officers at the entrances
to the barricaded areas. He said people trying to bring in coolers
would be instructed to take them back. Mr. Campbell asked why they
did not want to incorporate this party with the Twilight Festival as suggested
by Mr. Janku. Mr. Kearns said they had participated in the Twilight
Festival and would continue to do so, but that was not the exposure they
were seeking. He said this event was more of a "block-buster" type
of event than the Twilight Festival, which has a lot of different small bands
scattered throughout the downtown area. Mr. Kearns reported this event
is more focused on bringing the students out rather than bringing residents
out. This is a student party. Mrs. Crockett asked if they
would be hiring the police officers. Mr. Kearns said they would be
hiring ten police officers and, if more were recommended, he would hire more
because he did not want any problems. Mrs. Crockett asked how many
students they were anticipating. Mr. Kearns said as it was the first
year for the event they did not know, but they were anticipating 2,000 to
3,000. Mr. Campbell said some of
the Council were recalling the Bid Day Bash and the fact that something like
this could easily get out of hand. He said 10,000 students would not
be unusual and the facilities could be easily overwhelmed, as could the personnel,
at which point it could turn into a night long party. Mr. Kearns said
they felt by constricting the space they could also constrict the crowd. Mr.
Campbell asked if the University had been involved with this. Mr. Kearns
said they had. He said the people that welcome the freshmen were endorsing
the function and would be involved in it. Mr. Janku asked if the University
would let them use Peace Park, which is used for concerts quite a bit. Mr.
Kearns said if the park could be used, that would be great. Ms. Coble said not long ago
the Council had turned down a march because 2,000 to 3,000 people were supposedly
going to gather in a one block area. She said her concerns were the
same in this case -- she did not think they could do it. Ms. Coble
said if there was a way to get Peace Park involved, it could work. She
could not see that many freshmen staying within the confines of the sidewalk
in front of the Journalism School and the side of Shakespeare's with a bandstand
set-up. Mr. Kearns reminded her that it was a seven hour event from
4:00 to 11:00. He said there would be four different bands so there
would be a turnover after each band. He did not expect 2,000 to 3,000
for the entire seven hour period. Regarding the march, Mayor
Hindman recalled there had been a problem with it because it was to take
place where the only access to the Library was located and there would be
no access for cars to park at the Library on a Saturday morning. In
this case, Mayor Hindman said he knew of no protests by anyone. Mr.
Kearns said everyone with businesses within a one block area had signed-off
on the request. He said everyone was in favor of the party and were
very encouraged about it. Mayor Hindman made the motion
that the request be granted. The motion was seconded by Mrs. Crockett. Mr. Campbell suggested that
Mr. Kearns get in touch with the Student Life Office and some of the other
groups in authority at the University. He said the Summer Welcome Program
was a good one, but it was not one of the groups that would be making campus-wide
decisions. Mr. Janku said he was willing
to give it a shot, but said he would like to see Mr. Kearns incorporate Peace
Park because he thought it was a natural area to pick-up the overflow. He
said he was relying on the fact that they intended to be around to do it
again. He wanted it noted that this was not a waiver of the open container
ordinance. Mr. Campbell said if this
was to go forward, he was hopeful Mr. Kearns would contact Residential Life
and other people at the University to get Peace Park so other back-up provisions
could be made. He also asked that the sanitary facilities and other
such things be taken into account. He said if word gets out and they
start advertising on radio, things could get out of hand. Mr. Janku thought the tenure
of the advertising and the nature of it would be telling. He said the
media used to reach University students was different than the media used
to attract outside groups. Mr. Campbell said the Maneater and KCOU
would cover the University without getting to others. The motion made by Mayor
Hindman, seconded by Mrs. Crockett, was approved unanimously by voice vote.

(F) Property at
Locust, between 10th and Hitt. Mr. Beck explained that the
staff had generated this report based on comments received regarding a problem
situation at this location. He had asked a staff committee to look
at alternate ways of addressing the problem that would suit the merchants
and residents. He noted that the report indicated there was a great
deal of loitering in the area, and there had also been 78 arrests by one
officer during the first six months of the year. He said the arrests
obviously did not solve the problem. Mayor Hindman noted that
the Downtown Association recommended constructing a six foot high, green
chain link fence around the area belonging to the City. He asked if
the private property owner was willing to have it extended. Mr.
Beck thought the property owner was agreeable to working with the City toward
having the area fenced. Mr. Beck said another recommendation had been
the removal of the trees, which he personally had some reservations about
and was not sure that this option would solve the problem. Mayor Hindman said this was
a difficult issue as it was not fair to the people living in the area to
have what amounts to a nuisance in their neighborhood. He said it is
affecting their lives, their property values, and the ability to do business
in the area. According to reports he had seen, Mayor Hindman said it
appears likely that there are drug sales occurring, as well as the sale of
cigarettes and alcohol to minors. He said cutting down the trees and
putting up a chain link fence might effectively stop the activity, but that
was not known for sure. Mayor Hindman said it would not begin to solve
the overall problem these individuals create because it could ultimately
lead to sending the problem somewhere else, i.e., a City park, etc. Mr. Janku had read in the
paper about the incidents of the illegal sale of alcohol to minors. He
had observed this occurrence first hand. He asked if there was any
deterrent against the property owner participating in this activity. He
said the business is obviously getting the benefit of the sales. Chief
Botsford said it was his impression that if alcohol is sold legally to adults
who later transfer it to other people, that probably the property owner,
unless there was some type of conspiracy proof that they were involved in
it, probably could not be held legally responsible for it. Mr. Janku
wondered if it is truly a nuisance because of the different standards of
proof involved. Mr. Janku did not see loitering under a tree a big
problem, but said when people are coming to this area because they know they
can get access to things, this is a problem. Mr. Campbell said
in some other instances there had been an attempt to work with the property
owner to eliminate the sales of certain types of alcohol. He asked
if the City had attempted anything like that in this case. Mr. Beck
thought the City had because they had talked about it and it had been decided
the property owner should be contacted. Chief Botsford said he was
not sure either, but if had not been done, they would do so. He added
that in a situation like this in which a neighborhood is troubled by an attractive
nuisance, enforcement would never be the answer when there are enough people
hanging around doing something that is cheap enough. He said occasionally
these people get arrested, but they do not stay in jail very long for those
kinds of crimes anyway. He said solutions to this issue, such as cutting
down trees and putting up chain link fences, often go to the heart of the
issue. He said there is something at this location that is attractive
enough for these individuals to want to be there, and rather than letting
the neighborhood continue to suffer for that, the City needed to get at the
core of the problem. He said the problem would not necessarily go to
some place else because it will not be in the vicinity of where the cheap
liquor is. Mrs. Crockett asked what
kind of trees would be removed. Mr. Beck said they were pretty big
trees and he did not think he should, administratively, give the direction
to cut them down. Mr. Campbell said one of
the things that concerned him about fencing was the very small areas that
would be fenced in. He was concerned these areas would become, in essence,
trash containers. Regarding liquor licensing,
Mr. Janku asked what kind of conduct the licensee must maintain. He
suggested checking into the standards of conduct. He thought there
was a difference between criminal liability versus something that is contributing
to a nuisance in the neighborhood. Mayor Hindman said if the
Chief felt that one way of getting to the core of the problem was cutting
down the trees, he would be inclined to do that. New trees could always
be planted. He said it may not be the answer, but he was willing to
experiment. Mr. Janku suggested that
the experiment be the fence because that would not be a permanent situation. Mayor Hindman said he had
looked at the trees and he did not think they were that big. He felt
that replanted trees would grow quickly. Mr. Beck said his personal
opinion was that it had more to do with the availability of the liquor rather
than the shade because the problem individuals are there year round. He
said maybe the combination of the trees and the availability of the cheap
liquor was the difference. Mr. Coffman asked if there
was a concern about the fence. Mayor Hindman said he thought it would
be expensive, ugly, and would attract trash that no one would be willing
to climb over and pick up. He said he did not like to see areas for
the public fenced off. Mr. Coffman said he would be surprised if getting
rid of the trees would solve the problem. Ms. Coble said she had heard
a lot about this issue for a number of years and proposed that it would be
worth the initial expense, and perhaps the ongoing expense, to see what law
enforcement presence could do. She was hearing more and more that those
who do not frequent the downtown on an everyday basis are generalizing from
the activities going on at The Wall, to City parking garages, to downtown
businesses, and to events downtown. She has heard that from a number
of people. She thought once again the City is trying to change things
for the majority because of the bad behavior of a very few. She said
this was a public nuisance, one of criminal behavior, and one which generates
a great deal of fear. Ms. Coble felt those were public safety issues
and that the solution should be addressed through a public safety mechanism
-- with increased police presence. She did not think a fence or removing
trees would make the problem go away. Mr. Janku had been told by
a downtown business person that the situation was affecting her behavior
in that when she needed to get somewhere downtown, it affected the route
she took. He said if it affected someone who was comfortable downtown,
someone who was not as familiar or comfortable with the area might stay away
altogether. This could affect the business in the area, and perhaps
in all of downtown. He thought the City needed to look at legal restrictions
on liquor licenses and the selling of cheap liquor. He did not think
the shade issue was that important. He said the buildings in the area
also provide shade. Mr. Janku thought the business owner would moderate
their conduct if they felt their liquor license was in jeopardy. Mr. Coffman said this location
was in the middle of some very nice restaurants with patios. He suggested
spending more money by putting in a more attractive barrier, something more
in character with the surrounding businesses. Mr. Campbell said he would
be in favor of what Mr. Janku was saying, but taking it one step further
by preparing, if necessary, a city-wide ordinance banning certain types of
alcohol in the City. He said the people in the area have been asking
the Council to do something for years and he thought they should make a good
faith effort to begin some of those activities. He thought designing
a more attractive fence was fine, but said he thought the City should move
ahead and get some action started to determine what would work. Bryan Ash, an owner of Bambino's
Italian Cafe which is directly across the street from The Wall, said it was
good to hear the Council was also concerned about the situation. However,
he thought there were so many issues being discussed that he was afraid the
City would end up doing nothing. He asked that the Council take a first
step. He suggested cutting down the trees and transforming the whole
area into a nicely landscaped spot. He said not only would shade be
taken away, but the area as well would be taken away because no one is allowed
to trample flowers or landscaping. Mr. Ash stated perhaps the thorny
bushes had been torn out before because the trees were still there. He
said if these people rip out the landscaping, they still would not want to
hang out in the sun. Mr. Ash said he also liked the idea of addressing
the fortified liquor. In addition, he suggested that panhandling be
addressed. He pointed out that if people would quit giving these individuals
money, they would not be able to purchase the liquor. Mr. Ash reported the fence
option was suggested because Columbia is such a tree friendly town and they
did not want to recommend cutting down trees. Regarding increasing
police presence, Mr. Ash stated although that was a good idea, the police
could not be there 24 hours a day, seven days a week. He said if the
City removed the shade aspect and the public property aspect by making the
area all flower beds that could not be walked on, the property would be physically
changed. Mr. Campbell asked if Mr.
Ash had met with the Kwik Pantry people. Mr. Ash said the group had
met with the Manager. Mr. Campbell asked if the sale of cheap liquor
had been discussed. Mr. Ash said he could not swear to it, but he had
the feeling that the Manager would like to make some changes; however, corporate-wise
she was feeling pressure to continue making money. Attempts had been
made to convince management how short-sighted it is to look at the profits
made from selling Mad Dog 20/20, when perhaps ten times over that amount
could be made from the people that are avoiding the area right now because
they do not want to be harassed by these people. He knew one of the
Managers is as frustrated with the situation as they are, but felt she did
not have the authority to make some of the changes. Mr. Ash thought
the threat of losing a liquor license was a good idea. Mr. Coffman asked if Mr.
Ash's group had any feelings about a fence. Mr. Ash said they had suggested
a green chain link fence because they thought it would look a little nicer. Originally,
a wrought iron fence had been considered, but they did not want the area
to look like a prison. He said it was their neighborhood and they wanted
it to look nice. They felt the green chain link might be an economical
medium between wrought iron and plain chain link. Mr. Coffman thought
the area seemed so well-established that it might have to be made off-limits
for awhile. Sylvia Tribble, a member
of the St. Francis House community, stated that they had considerable experience
with this small group of people who are basically disruptive bullies who
had interfered with their attempts to care for guests who are weak or mentally
ill. She said these people are not allowed to stay at St. Francis House. Ms.
Tribble said St. Francis House had been meeting with Probation and Parole
in an attempt to add the Kwik Pantry area to the areas of restriction for
these individual's parole and probation guidelines. They had also met
with Court Services to see if they could keep these people from getting released
on their own recognizance right after being arrested. She stated that
they were hopeful to begin dialogue with the judges regarding sentencing
for repeat offenders. Ms. Tribble stated the police were doing everything
they could in the area right now and, if they were going to be expected to
spend more time there, they would need to be given the means to do it. Ms.
Tribble said their experience with this group is that they are homeless by
choice and do not want any assistance offered to help them. She wanted
it made clear that this group was not representative of the general homeless
population in Columbia. As far as the fortified alcohol, she said they
had the same problem with the Kwik Pantry on Rangeline and offered to do
whatever they could to be supportive of any action the City might take regarding
the sale of it. She said packaged liquor was another problem. Andy Tribble, another member
of the St. Francis House community, suggested that the corporate offices
of Kwik Pantry be contacted by the City to let them know about the nature
of the problem. He suggested that a long-term fix of the problem was
to enhance the programs offered for drug and alcohol treatment and job training. Tim Rich, Salvation Army,
explained that they run two adult rehabilitation centers, one in Kansas City
and one in St. Louis, specifically for drug and alcohol treatment. He
said the problem individuals at The Wall would not go into treatment willingly,
but, if the City could work with the criminal justice system and get the
judges to mandate that treatment be part of sentencing for repeat crimes,
this could begin to solve part of the problem. He said the treatment
centers are free of charge to the individual and would not cost anything
except transportation money to get them there. Regarding crime in the
area, Mr. Rich said business owners downtown have been trying to capture
the criminal activity on videotape. He suggested the police put surveillance
equipment in the businesses and apartment buildings to videotape the criminal
activity. He said if the activities were viewed in a public place,
he felt the tape could become evidence and used to get those people taken
off the streets. Ms. Coble asked what percentage
of the arrests had been prosecuted. Chief Botsford said he did not
know, but guessed a good many of them had been. Mr. Rich said the charges
had all been misdemeanors so the penalties were not very heavy. Ms.
Coble said that is why it is necessary to prosecute a couple of times at
the misdemeanor level so supervised probation could be mandated, carrying
with it location restrictions and treatment requirements. Mr. Rich
said it would help if the Council would voice some of their concerns about
this to the criminal justice system, the City Prosecutor, and to the judges. Lana Jacobs of the St. Francis
House said that one of the issues that came up in their discussions with
Court Services and the Police Department was that a lot of the criminal behavior
going on at The Wall was felony behavior, but the only thing these individuals
ever get arrested for is open container violation. She said what is
actually occurring at this location is prostitution of minors and pimping
by the very people sitting there buying alcohol. She said these individuals
are victimizing people in major way -- dealing crack and crystal methadone,
as well as the prostitution of junior high and high school children. Mr. Campbell thought the
Council should move ahead with cutting down the trees and ask the City staff
to redesign the area to make the least possible public space available. He
said if it needed to be turned entirely into a parking lot, so be it. Mr.
Campbell said he also thought the staff should investigate what other cities
are doing about this problem. If need be, he thought the Council should
pass an ordinance eliminating the sale of certain types of alcohol. Mayor Hindman wondered about
some kind of injunctive action. He said there may be a whole lot of
proof problems that make it difficult, but maybe the police, working with
the neighbors and City Prosecutor, could look into not only criminal arrests,
but somehow issuing injunctions. He thought the idea of a police surveillance
camera was not a bad one. Mr. Campbell said if a camera was installed,
it would have to be located high enough where it would not be readily accessible
otherwise it would be obstructed by tree limbs or damaged. He said
that meant the trees would have to be removed in order to have surveillance. Mrs. Crockett asked if Chief
Botsford had dealt with similar situations in the past. Chief Botsford
said he had dealt with these situations more times than he cared to remember. He
said it was a problem common to all medium and large cities. He said
attractive nuisances located where there is a combination of readily available
cheap alcohol and a convenient place to gather, tends to develop into these
kinds of problems. He said a camera was a nice thought, but it would
cost a lot of money and may or may not give the offenders cause to think
about it. He said the police could catch these individuals doing illegal
things easily enough without cameras just by patrolling the area all of the
time. He said the short-term solution would be easy -- put two or three
policemen in the area 24 hours a day, spending a lot of money in the process,
and when the police go away the problem would come back. He said that
was why he was suggesting the trees be cut down. Chief Botsford said
that may or may not guarantee that the problem would be solved, but the less
attractive the area is made for these individuals, the more likely they will
not gather there. He said they may gather some place else, but maybe
not all at the same place so the problem would not be as large. Mrs. Crockett said since
the Police Chief has been through this before, she thought the Council should
follow his advice. Mr. Janku thought the area
should be made inhospitable, but did not think the trees should be cut down
right now. He wanted to split the issue. Mr. Campbell made the motion
that staff be directed to cut the trees down. The motion was seconded
by Mrs. Crockett and failed by voice vote. Ms. Coble made the motion
that, on a short-term basis, staff look at installing a fence and that the
Parks and Recreation Department look at some other options for landscaping
the area. The motion was seconded by Mr. Coffman. Mayor Hindman asked if she
was proposing something like a chain link fence. Mr. Coffman replied,
at least. He said he would not mind seeing, at least temporarily, an
ugly temporary barrier to keep it off-limits. Mr. Coffman asked Ms. Coble
if she would accept a friendly amendment to her motion by adding that the
City temporarily make the area off-limits and in the meantime consider ways
to put up something aesthetic and in the character of this important part
of the City. Ms. Coble accepted. The motion made by Ms. Coble,
seconded and amended by Mr. Coffman, was approved unanimously by voice vote. Mr. Janku made the motion
to direct staff to prepare a report on possible other solutions such as any
impact the City may have on liquor licenses, the ability to restrict sales
of liquors that are believed to be a problem, injunctive relief -- what might
be done in the way of asking for court cooperation mandating rehabilitation
treatments, maybe looking into the probability of some degree of success
with more intensive surveillance of the area through cameras, and zero tolerance
prosecution. The motion was seconded by Mr. Campbell and approved unanimously
by voice vote.

(G) Request to hold
a Concert at Cosmo Park. Mayor Hindman noted that
a letter had been received from Mr. King withdrawing his request due to time
constraints. He said the Council would be hearing more about this proposed
concert at a later date.

BOARDS AND COMMISSIONS The following individuals
were appointed to the following Commission by the Mayor:

COMMENTS OF COUNCIL, STAFF AND PUBLIC Ms. Coble made the motion
that staff be directed to prepare a report so a formal City policy might
be prepared on whether or not the City pays for personal care attendants
for those who serve on City Boards and Commissions, as well as staff and
Council members. The motion was seconded by Mr. Janku and approved
unanimously by voice vote. Mayor Hindman said it might
be a good idea to run it by the newly formed Disabilities Commission. Ms. Coble said she knew there had been
an earlier discussion when the Special Business District boundaries had been
extended to Providence Road. She said there was a stretch of landscaping
along Providence Road, particularly that in front of McAdams and Bloomer's,
where there still has not been any formal response from the state on whether
or not they had any responsibility for the upkeep of the plantings, or if
it could be transferred to the City. She asked that the staff check
into the situation. Ms. Coble said she had been asked to inquire
about the possibility of having parking on only one side of Jefferson Street. Ms. Coble asked if there
would still be a discussion held with those who have interest regarding the
potential of a new sidewalk on West Ash. Mr. Patterson said a discussion
would be held within the next 30 days. Mr. Janku thanked the individuals
in the Public Works Department who adopted the spot in back of the City building. He
thought it looked great. Mr. Janku noted that when
the public hearing was held some time ago regarding the Bear Creek Trail,
Waldo Palmer mentioned he thought there was a missing piece between Proctor
Park and the Bear Creek Nature Area. He had suggested that the City
look into acquiring that piece of property. Mr. Janku asked the staff
to look into it. He said there was very little development potential
for the area and thought perhaps it might be donated. He said he would
like to see what would be involved to make sure the City establishes a link
between the park and the trail area. As areas begin to be annexed
along the Perche Creek, Mr. Janku asked if the greenbelt designation would
be extended. Mr. Beck said he was not sure the City had a greenbelt
plan for Perche, although there is one on the area around the treatment plant. Mr.
Janku said when Mr. Vanlandingham annexed his property, he gave the City
a wide strip of land for a greenbelt. Mr. Janku thought the Perche
Creek was part of the Greenbelt Plan and, with the treatment plant, it could
potentially connect with the MKT Trail. Mr. Beck said he would check
into it. Mr. Janku said the plan would need to be amended. Henry Lane, 1816 E. Broadway,
commented on B205-97 and B206-97 under Introduction of Bills this evening. He
noted a discrepancy in the amounts associated with B205-97. Regarding
B206-97, Project 10, Mr. Lane said it showed an appropriation of $210,000,
but according to the appropriations statement of the Finance Department,
there was an appropriation of $244,121.35. For Project 70, Public Water
Supply District No. 1, he said an appropriation of $200,000 was shown, but
he said there was a prior year appropriation of $19,000 made in 1996 that
was never used. He said the appropriation statement in the Finance
Department shows an appropriation balance at this time of $219,000. Regarding
Project 46, Mr. Lane said the amount appropriated had been $540,000, but
it came in way below that with the expected cost to be $325,000. He
said if the City was going to increase appropriations for the various funds
that need more money, Mr. Lane thought the City should also be decreasing
the appropriation for any projects that do not need the money. His
last item was Project 19. He said there was $300,000 shown as the appropriation
for it, but that amount had been exceeded by expenditures back in April of
this year. As of May 31, his most current figures, a total amount of
expenditures plus encumbrances was $392,000, versus the appropriation of
$300,000. According to Section 41 of the Home Rule Charter, Mr. Lane
said it was indicated there should not be situations where expenditures exceed
appropriations. The meeting adjourned at
9:30 p.m. Respectfully
submitted,